What is the penalty for erasing and falsifying the contents of papers in the dossier for operation registration of commercial mediation centers in Vietnam?
- What is included in the dossier of operation registration of commercial mediation centers in Vietnam?
- Is there any administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the dossier for operation registration of commercial mediation centers in Vietnam?
- What is the time limit for granting establishment license to the commercial mediation center?
What is included in the dossier of operation registration of commercial mediation centers in Vietnam?
According to Article 22 of Decree No. 22/2017/ND-CP on registration of operation of commercial mediation centers as follows:
Registration of operation of commercial mediation centers
1. Within 30 days from the effective date of the decision on grant of its establishment license, a commercial mediation center shall send a dossier for operation registration to the provincial-level Department of Justice of the locality where its head office is located. Past this time limit, if the center fails to register its operation, its establishment license shall be invalidated, unless it has a plausible reason.
2. A dossier of operation registration of a commercial mediation center must comprise:
a/ A written request for operation registration, made according to a form issued by the Ministry of Justice;
b/ A certified copy, or a copy enclosed with the original for comparison, of the center establishment license;
c/ Papers proving the center’s head office.
3. Within 15 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The provincial-level Department of Justice shall send a copy of such operation registration certificate to the Ministry of Justice.
4. A commercial mediation center may start to operate on the date it is granted an operation registration certificate and use its seal in accordance with law.
5. Within 30 days after being granted an operation registration certificate, a commercial mediation center shall publish in 3 consecutive issues of a central daily or a newspaper of the locality where it registers its operation the following basic information:
a/ Name and head-office address of the center;
b/ Operation areas of the center;
c/ Serial number, issuer and date of issuance of the operation registration certificate;
d/ Starting time of the center’s operation.
Thus, a dossier for operation registration of a commercial mediation center must comprise:
- A written request for operation registration, made according to a form issued by the Ministry of Justice;
- A certified copy, or a copy enclosed with the original for comparison, of the center establishment license;
- Papers proving the center’s head office.
What is the penalty for erasing and falsifying the contents of papers in the dossier for operation registration of commercial mediation centers in Vietnam? (Image from the Internet)
Is there any administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the dossier for operation registration of commercial mediation centers in Vietnam?
According to Article 28 of Decree No. 82/2020/ND-CP stipulating as follows:
Violation against regulations on the establishment and registration of operation of commercial mediation centers, branches of commercial mediation centers or foreign commercial mediation organizations in Vietnam
1. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed for erasing, correcting, falsifying the contents of papers issued by competent agencies, organizations or persons in the application for establishment and registration of operation, changes in the name and address of head office of the commercial mediation center; registration of operation of a branch of a commercial mediation center; establishment, operation registration, name change, branch head, branch office address of the foreign commercial mediation organization; establish, change the name, head of a representative office, and address of a representative office of a foreign commercial mediation organization.
2. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
3. Remedial measures:
a) Proposing competent agencies, organizations or persons to consider and handle the issued papers and documents due to violations specified in Clause 1 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified in Clause 1 of this Article.
Thus, the act of erasing and falsifying the contents of documents issued by a competent person in the operation registration file of a commercial mediation center may be subject to an administrative fine of up to VND 7,000,000. In addition, for violations in Clause 1, Article 28 of Decree No. 82/2020/ND-CP, they are also subject to:
- Confiscation of material evidences which are papers and documents that have been erased or altered to falsify their contents, for violations specified in Clause 1 of this Article.
- Proposing competent agencies, organizations and persons to consider and handle papers and documents issued due to violations specified in Clause 1 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
- Forcible return of illegal profits obtained from committing violations specified in Clause 1 of this Article.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
What is the time limit for granting establishment license to the commercial mediation center?
Pursuant to the provisions of Article 21 of Decree No. 22/2017/ND-CP stipulating the procedures for establishment of commercial mediation centers as follows:
Procedures for establishment of commercial mediation centers
1. A Vietnamese citizen who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to establish a commercial mediation center shall send 1 set of dossier to the Ministry of Justice, comprising:
a/ A written request for establishment of a commercial mediation center, made according to a form issued by the Ministry of Justice;
b/ A list of the center’s founders;
c/ Papers proving the founders’ full satisfaction of the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree;
d/ The draft Mediation Rule of the center.
The contents of the center’s Mediation Rule must not contravene law.
2. Within 30 days after receiving a valid dossier, the Ministry of Justice shall grant an establishment license to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The person having his/her request for establishment of a commercial mediation center rejected may lodge a complaint or initiate a lawsuit in accordance with law.
Thus, according to regulations, 30 days after receiving a valid dossier, the Ministry of Justice shall grant an establishment license to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The person having his/her request for establishment of a commercial mediation center rejected may lodge a complaint or initiate a lawsuit in accordance with law.
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